Stoochnoff (Re)

Stoochnoff (Re)

Master McDiarmid found the bankrupt satisfied both limbs of s.178(1.1): loans were used for their purpose, she made honest efforts to complete education but was thwarted by diagnosed psychiatric illness, she availed herself of interest relief/repayment assistance and made small principal payments, and her budget and...

Source-derived case information.

Citation
2014 BCSC 1420
Parties
Bankrupt/applicant: Kerry Lee Stoochnoff; Respondent: Canada Student Loans Program
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 July 2014
Procedural Posture
Bankruptcy — Discharge of Student Loans / Application Hearing Under S.178(1.1) BIA (notice of Motion Heard by Master)
Outcome
Application granted — student loan debt discharged under s.178(1.1) BIA
Legal Topics
Discharge of Student Loans, Good Faith, Financial Hardship, Repayment Assistance, Jurisdiction of Registrar
Source Language
english
Bankruptcy Administrative Law Student Loans Discharge of Student Loans Good Faith Financial Hardship Repayment Assistance Jurisdiction of Registrar

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Parties

Kerry Lee Stoochnoff

Bankrupt/applicant

Canada Student Loans Program

Respondent

Procedural Posture

Bankruptcy — Discharge of Student Loans / Application Hearing Under S.178(1.1) BIA (notice of Motion Heard by Master)

Legal Issues

  1. 1 Whether the bankrupt satisfied the good faith requirement under s.178(1.1) BIA
  2. 2 Whether the bankrupt will continue to experience financial difficulty such that discharge of student loans is warranted
  3. 3 Whether a registrar/ Master has jurisdiction to grant partial relief versus full dismissal/grant

Ratio Decidendi

Master McDiarmid found the bankrupt satisfied both limbs of s.178(1.1): loans were used for their purpose, she made honest efforts to complete education but was thwarted by diagnosed psychiatric illness, she availed herself of interest relief/repayment assistance and made small principal payments, and her budget and medical evidence established continuing financial difficulty such that discharge was justified under s.178(1.1).

Court Disposition

Application granted — student loan debt discharged under s.178(1.1) BIA

Orders

  • Application for discharge of student loan debt pursuant to s.178(1.1) of the Bankruptcy and Insolvency Act granted